DHARMENDRAKUMAR PARVATBHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-11 of 2018 registered with Kadana Police Station, District Mahisagar, for the offences punishable under Sections 365, 342, 376, 506(2) and 114 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is submitted that the applicant and complainantvictim lady were known to each other and there was relationship between the applicant and victim lady prior to her marriage solemnized with one Dineshbhai Laxmanbhai Vagadiya. It is further submitted that the complainant-victim lady married to said Dineshbhai on 10.05.2018, and thereafter she ran away from her matrimonial home. Therefore, father-in-law of the victim lady lodged missing report regarding missing of the victim lady and connection with the said missing report, the statement of the complainantvictim lady was recorded by the Police on or around 15.05.2018. In the said statement she stated that she left matrimonial home at her own volition, as she did not want to stay with her husband. It is further submitted that the date of alleged incident is 13.05.2018 and subsequent thereto, the statement of the victim lady was recored on 15.05.2018. The FIR is lodged after a period of about 14 days on 28.05.2018. It is submitted that from the said statement of victim lady which was recorded on 15.05.2018 subsequent to alleged incident, it appears that prima facie the ingredients of the alleged offence are not attracted qua the present applicant. Moreover, substantial part of investigation is over. It is also submitted that the applicant is having root in Mahisagar District and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.